An eviction is a legal process in which a landlord removes a tenant and their belongings from a rental property, such as a home or apartment. Evictions are also said to occur when landlords disturb the enjoyment of the premises by disrupting necessary amenities, for example, intentionally shutting off the heat.
This type of eviction is referred to as a constructive eviction. Constructive evictions, however, are typically not permitted.
This means that, in order for an eviction to be considered lawful and valid, the landlord has to act in accordance with the first definition of eviction above and has to comply with the proper legal procedures. For example, to evict a tenant, a landlord is required to file eviction documents with their local court and serve the tenant with notice of the action.
The requirements for evicting tenants may vary widely by state. For example, Ellis Act evictions can only be filed in California.
The Ellis Act allows landlords to evict a residential tenant if they intend to leave the rental business. The landlord is required to evict all of the tenants and notify them in advance.
How Long Does an Ellis Act Eviction Take?
The Ellis Act requirements provide 120 days of notice to tenants. This means that a landlord will issue a tenant an eviction notice that is effective 120 days after the landlord filed their Notice of Intent.
It is important to note that a tenant who is disabled or 62 years of age or older may request an extension of that day to one full year. If an individual has any questions regarding how the Ellis Act may affect them, they should consult with a local attorney in California.
What if My Landlord Goes Back into the Rental Business?
Under the Ellis Act, there are certain restrictions for landlords if they choose to return to the rental business, including:
- If a certain rental unit is empty at the time an eviction occurs, the landlord is required to wait two years before they are permitted to re-rent that unit;
- In contrast, if the unit was not empty at the time of an eviction, the landlord is not permitted to re-rent the unit for at least two years;
- After two years, the landlord may re-rent it, but first, they must offer it back to the original tenant at the same rate;
- A landlord cannot receive market value for rent from the initial tenants until five years have passed; and
- After an Ellis Act eviction, a landlord has to wait ten years if they want to re-rent a unit without having to abide by any of the above restrictions.
It is important to note that it is usually up to an evicted tenant to enforce these restrictions. Landlords who violate these restrictions may be liable for actual damages, punitive damages, and general damages if the tenant pursues an alternative remedy.
The tenant may be able to regain possession of their original unit. In addition to a lawsuit filed by a tenant, a local Rent or Housing Board may file a civil action against a landlord for exemplary or punitive damages.
What Can the Landlord Do with the Property Under the Ellis Act?
Under the Ellis Act, both landlords and tenants retain certain rights. Rights that landlords have under the Ellis Act include:
- The right to evict tenants in order to withdraw from the rental business;
- The right to re-enter and re-rent the property after a certain amount of time has passed;
- The right to re-rent without any restrictions ten years after an Ellis Act eviction occurs;
- The right to file an unlawful detainer lawsuit if a tenant refuses to leave the premises they received an eviction notice; and
- The right to have the tenant lawfully removed by the local sheriff’s department if the landlord succeeds in their lawsuit.
Rights that tenants evicted under the Ellis Act have include:
- The right to be provided with notice of an impending eviction;
- The right to receive relocation assistance;
- Disabled or elderly tenants have the right to request an extension on their move-out date, as noted above;
- The right to re-rent the same unit for the same rate after two years;
- The right to re-rent the same unit for the market rate after five years;
- The right of first refusal or return to their original unit within the ten-year period after an Ellis Act eviction; and
- The right to obtain relief if the landlord violated any section of the Ellis Act.
These rights may vary by jurisdictions, as each municipality is permitted to implement their own version of a local Ellis Act.
What Qualifies as Proper Notice for an Eviction?
Generally, an eviction notice is a written document that informs a tenant that they will have a specific amount of time to vacate the rental unit. The eviction notice has to contain all information required by relevant federal and state laws, must follow proper procedures for serving the eviction notice, and may have additional requirements based on the reason for the eviction.
The laws governing proper eviction notices may be violated by a minor act or a major act. For example, if a landlord does not provide any notice to a tenant being evicted, it would be considered a major violation.
A minor violation, however, may be something as simple as a missing term or typographical error, such as inputting dates that do not correspond to those contained in the other relevant eviction documents. If the landlord does not follow the proper legal requirements for an eviction notice, they may face serious legal consequences, which may include:
- Having to pay the tenant damages;
- Extending the amount of time the tenant has to resolve the reason for the eviction;
- Potentially being charged with a criminal offense.
Is the Ellis Act the Same All over California?
As noted above, the general provisions of the Ellis Act may vary by jurisdiction. For example, the Ellis Act in Los Angeles allows a tenant to re-enter their unit at the same rate for up to five years following an eviction.
The Santa Monica Ellis Act allows a landlord to re-rent units, but the landlord has to obtain a reoccupation permit from the local rent board before they can re-enter the business. In comparison, the Berkeley Ellis Act only requires that the landlord notify the city of their intent to re-rent their property.
The Ellis Act in San Francisco requires a landlord to pay a relocation fee of $7,230.41 per tenant if they are evicted under the Ellis Act. In addition, if the tenant is disabled or elderly, the landlord will be required to pay an additional $4,820.26.
It is important for tenants and landlords involved in Ellis Act evictions to review their local statutes for the proper legal requirements.
Do I Need to Hire an Attorney if I Have Issues Involving California Ellis Act Evictions?
You may be a landlord or a tenant who is involved in an eviction that falls under the provisions of the California Ellis Act. In that case, it is important to consult with a local California landlord-tenant lawyer for legal advice. Your attorney can advise you of your duties and rights under the Ellis Act.
Your attorney can also advise you regarding whether the circumstances would allow or prohibit the eviction from occurring and research other relevant state property laws that may help resolve your issue. A lawyer who practices in your area or county will be familiar with the specific conditions of your local Ellis Act and will know how it applies to eviction actions in your location.
If you are a tenant who would like assistance challenging an eviction, your lawyer can walk you through the process, answer any questions you have, and represent you in court on the issue. If needed, your lawyer can help you regain access to your rental unit.
